Purvis v. State
Mississippi Supreme Court
Prom the circuit court of the first district of Marion county. IIon. S. II. Terral, Judge. Appellant was convicted of the murder of one Willie Buckley, and sentenced to be hanged. The opinion contains a sufficient statement of facts to illustrate the questions passed upon. 1. The court erred in quashing the writ of special venire, and also erred in ordering, of its own motion, a new venire. 2. It was also error to refuse the application for a change of venue.
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Prom the circuit court of the first district of Marion county. IIon. S. II. Terral, Judge. Appellant was convicted of the murder of one Willie Buckley, and sentenced to be hanged. The opinion contains a sufficient statement of facts to illustrate the questions passed upon. 1. The court erred in quashing the writ of special venire, and also erred in ordering, of its own motion, a new venire. 2. It was also error to refuse the application for a change of venue. The application sets out all the facts necessary to compel the granting of the relief prayed at that stage of the cause. The court…
1Opinion of the CourtCooper, J.
There was no error in quashing the venire first drawn, and in directing the clerk to issue a special venire facias, as provided by § 2386, code 1892. It was shown to the court that the board of supervisors had, through ignorance or obstinacy, disregarded the mandate of § 2358, code 1892, in preparing the jury-list from which the jury-box was to be made. There was, in contemplation of law, no jury-box in Marion county, and it would have been useless for the court to have gone through the form of .drawing a second venire from the same box, the illegality of which had caused the quashal of the…
2Cases cited1 opinion
- Morris v. NixonSupreme Court of the United States · 1843
3Cited by20 opinions
- Johnson v. StateMississippi Supreme Court · 1985
- Leatherwood v. StateMississippi Supreme Court · 1983
- West v. StateMississippi Supreme Court · 1985
- White v. StateMississippi Supreme Court · 1988
- Ruffin v. StateMississippi Supreme Court · 2008
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